Pescatore v. Sabato

Opinion by

Rhodes, P. J.,

A recital of the procedure in this case is sufficient to. require a new trial. The appeal is by. defendant from an order of Judge Bonnelly of the Municipal *217Court of Philadelphia County dated January 15, 1954, vacating a previous order of November 5, 1953, granting defendant a new trial.

Plaintiff, on January 3, 1951, brought an action in trespass against defendant in the Municipal Court. In his complaint plaintiff averred that on November 11, 1950, his automobile was damaged by an automobile owned and operated by defendant. Defendant in his answer averred that his…